Terms and conditions

1. Definitions

• KONCEPT.01: Jorgen Albrecht, trading as KONCEPT.01, Lage Kaart 303/0001, 2930 Brasschaat, Belgium, enterprise number 1043.068.417.
• Client: any natural or legal person who requests a quote from or enters into an agreement with KONCEPT.01.
• Consumer: a client who is a natural person acting for purposes outside their trade, business, craft or profession.
• Assignment: the services KONCEPT.01 provides according to the quote, such as web design, web development, webshops, branding, hosting, maintenance and advice.
• Delivery: the moment KONCEPT.01 makes the result of the assignment available to the client, for example through a preview link or by putting the website online.

2. Scope

1. These terms apply to all quotes, agreements and services of KONCEPT.01, unless otherwise agreed in writing.
2. The client's own terms and conditions do not apply, unless KONCEPT.01 expressly accepts them in writing.
3. If the quote deviates from these terms, the quote prevails.

3. Quotes and formation of the agreement

1. Quotes are without obligation and valid for 30 days, unless stated otherwise.
2. The agreement is formed when the client accepts the quote in writing, for example by signing it or by email, or when KONCEPT.01 starts the work at the client's request.
3. The quote describes the assignment, the price, the number of feedback rounds and an indicative timeline. Work not included in the quote is additional work (see article 6).

4. Prices

1. Unless stated otherwise, the prices in the quote are fixed prices for the assignment described.
2. Prices for businesses exclude VAT. Prices for consumers include VAT.
3. Third-party costs, such as domain names, hosting, licences, fonts, stock images or plugins, are not included unless the quote expressly says so.
4. For ongoing services, prices may be adjusted at most once a year based on objective factors, such as changes in hosting, licence, software or infrastructure costs or a relevant official price index. The client is informed at least one month in advance. Where required by law, the client may terminate the agreement free of charge before the price change takes effect.

5. Performance

1. KONCEPT.01 carries out the assignment carefully and professionally. Unless expressly agreed otherwise, KONCEPT.01 undertakes a best-efforts obligation.
2. The timeline is indicative, unless a binding deadline has been agreed in writing. A delay only entitles the client to terminate or claim damages if it is substantial and attributable to KONCEPT.01.
3. The client provides all necessary information, texts, images, access and feedback in good time. Delays on the client's side may shift the timeline.
4. KONCEPT.01 may engage third parties for parts of the assignment, under its own responsibility.

6. Feedback and additional work

1. The quote sets the number of feedback rounds. Additional rounds or changes to parts already approved count as additional work.
2. Additional work is only carried out once the client agrees to the price or the estimated number of hours, and is charged at the rate stated in the quote.

7. Delivery and acceptance

1. After delivery, the client has 14 days to report visible defects in writing, stating reasons. KONCEPT.01 fixes justified defects within a reasonable time.
2. Without a report within that period, or when the client starts using the result, the assignment is deemed accepted. Acceptance covers visible defects, not hidden defects.
3. Consumers always retain their statutory warranty rights, including the legal guarantee on digital content and digital services.

8. Payment

1. KONCEPT.01 may ask for a deposit as stated in the quote. The balance is invoiced on delivery. Ongoing services are invoiced periodically and in advance.
2. Invoices are payable within 14 days of the invoice date, unless stated otherwise.
3. Businesses: in the event of late payment, late-payment interest is due by operation of law and without prior notice at the rate set by the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, together with a flat-rate compensation of 40 euros for recovery costs, without prejudice to the right to reasonable compensation for additional recovery costs.
4. Consumers: in the event of late payment, KONCEPT.01 first sends a free reminder with a payment period of at least 14 calendar days. If payment is still not made, late-payment interest at the statutory rate and a flat-rate compensation are due of: €20 for an outstanding amount up to €150; €30 + 10% of the amount between €150.01 and €500; €65 + 5% of the amount above €500, up to a maximum of €2,000.
5. If an invoice remains unpaid after a written reminder, KONCEPT.01 may suspend the assignment or ongoing services, such as hosting, until payment is received.
6. Businesses must report complaints about an invoice within 14 days of receipt, in writing and stating reasons.

9. Intellectual property

1. Upon full payment, KONCEPT.01 transfers to the client the economic rights to the final deliverables designed and developed specifically for the client, such as the design, source code and visual identity. This transfer applies to all known forms of exploitation, worldwide and for the full duration of the rights. Until full payment, all rights remain with KONCEPT.01.
2. Third-party components, such as open-source software, fonts, stock images, plugins and content management systems, remain subject to their own licence terms.
3. KONCEPT.01 retains the rights to its general know-how, methods, tools and reusable components not developed specifically for the client. The client receives a free, non-exclusive and unlimited right to use those components as incorporated in the final result.
4. Designs, sketches and proposals not included in the final result remain the property of KONCEPT.01.
5. After launch, KONCEPT.01 may show the project in its portfolio and place a discreet credit on the website, unless the client objects in writing.
6. The client guarantees that the material it supplies (such as texts, images and logos) does not infringe third-party rights, and indemnifies KONCEPT.01 against third-party claims in that respect.

10. Hosting, maintenance and third-party services

1. Ongoing services, such as hosting and maintenance, are entered into for the term stated in the quote and then tacitly renewed for the same term, unless a party gives written notice at least one month before the end of the current term. After the first renewal, consumers may cancel at any time with one month's notice.
2. KONCEPT.01 aims for high availability but cannot guarantee uninterrupted or error-free operation. Third-party services, such as hosting, domain names and email, are also subject to the terms of those third parties.
3. If maintenance has been agreed, KONCEPT.01 makes regular backups. The client remains responsible for keeping its own copy of data that matters to it.
4. The client is responsible for the content of its website and for complying with the rules that apply to its own activities, such as privacy and consumer law. KONCEPT.01 can give practical tips but does not provide legal advice.

11. Liability

1. KONCEPT.01 is only liable for damage that is the direct result of a fault in carrying out the assignment.
2. The liability of KONCEPT.01 is limited to the amount invoiced for the assignment concerned or, for ongoing services, to the amount invoiced in the 12 months before the event causing the damage.
3. KONCEPT.01 is not liable for indirect damage, such as loss of profit, loss of revenue, loss of data or reputational damage, nor for damage caused by third-party services, such as hosting providers, payment providers or plugins.
4. These limitations do not apply in the event of fraud, intentional misconduct or gross negligence by KONCEPT.01, and do not affect the mandatory rights of consumers.
5. Nor do these limitations apply to liability that cannot be excluded or limited by law, including liability for death or personal injury where the law so provides.

12. Force majeure

Neither party is liable for a failure caused by force majeure. Force majeure means an unforeseeable and reasonably unavoidable event beyond the control of the affected party that makes performance of the agreement temporarily or permanently impossible. Depending on the specific circumstances, this may result from, among other things, illness, natural disasters, power or internet outages, cyberattacks or failures at third parties.

If the force majeure lasts longer than two months, either party may terminate the agreement in writing. Work already carried out is then paid for.

13. Termination

1. The client may terminate an ongoing assignment at any time in writing. In that case, the client pays for the work already carried out and the costs already incurred.
2. Either party may terminate the agreement with immediate effect if the other party fails to remedy a serious breach within 15 days of a written notice of default, or in the event of the other party's bankruptcy or manifest insolvency.

14. Right of withdrawal for consumers

1. If a consumer concludes the agreement at a distance, for example by email or online, the consumer has the right to withdraw from it within 14 days of its conclusion without giving any reason. This can be done with a clear statement by email to hello@koncept01.be or by post, optionally using the model form below.
2. If the consumer expressly asks for performance to start during the withdrawal period, the consumer pays, upon withdrawal, an amount proportionate to what has already been performed. The right of withdrawal lapses once the service has been fully performed, provided the consumer gave prior express consent and acknowledged losing the right of withdrawal in that case.
3. KONCEPT.01 refunds amounts received, less the compensation referred to above, within 14 days of the withdrawal.

15. Confidentiality and personal data

1. Both parties treat the other party's confidential information as confidential, also after the agreement ends.
2. KONCEPT.01 processes personal data in accordance with its privacy policy. If, in carrying out the assignment, KONCEPT.01 processes personal data on behalf of the client, for example through a contact form or webshop it hosts or maintains, KONCEPT.01 acts as a processor and the parties conclude a data processing agreement in accordance with Article 28 GDPR.

16. Complaints, applicable law and disputes

1. Have a complaint? Let us know as soon as possible at hello@koncept01.be, so we can find a solution together.
2. Consumers may also turn to the Belgian Consumer Mediation Service for an out-of-court solution (consumentenombudsdienst.be).
3. These terms and all agreements with KONCEPT.01 are governed exclusively by Belgian law.
4. Disputes with businesses fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp. For consumers, the statutory rules on jurisdiction apply.

17. Final provisions

1. If a provision of these terms is invalid, the other provisions remain in force. The invalid provision is replaced by a valid one that comes as close as possible to the intention of the original.
2. KONCEPT.01 may amend these terms. An agreement remains subject to the version that applied when the quote was accepted. Changes for ongoing services are communicated at least one month in advance.
3. These terms exist in Dutch and English. If the two versions differ, the Dutch version prevails.